Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 18/11/2017

Azerbaijan

Reservation contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Articles 5 and 6 to the effect that the provisions of those Articles shall not hinder the application of extrajudicial disciplinary penalties involving the deprivation of liberty in accordance with Articles 48, 49, 50, 56-60 of the Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994.

Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994 (Official Gazette of the Supreme Council of the Republic of Azerbaijan » (« Azerbaycan Respublikasi Ali Sovetinin Melumati »), 1995, No. 5-6, Article 93)

48. Soldiers and sailors:
… d) can be arrested up to 10 days in “hauptvakht”(military prison).

49. Temporary service ensigns:
… g) can be arrested up to 10 days in “hauptvakht”(military prison).

50. Outer-limit service ensigns:
… g) can be arrested up to 10 days in “hauptvakht”(military prison).

56. Battalion (4th degree naval) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 3 days.

57. Company (3rd degree naval) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 5 days.

58. Regiment (brigade) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 7 days.

59. Division, special brigade (naval brigade) commanders have the additional powers other than those given to the Regiment (brigade) commanders:
… a) to arrest soldiers, sailors and ensigns up to 10 days.

60. Corps commanders, commanders of any type of army, of the different types of armed forces, as well as deputies of Defense Minister have the power to wholly impose the disciplinary penalties, prescribed in the present Regulations, in respect of soldiers, sailors and ensigns under their charge,

Period covered: 15/04/2002 -
Articles concerned : 5, 6

Reservation contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Article 10, paragraph 1, to the effect that the provisions of that paragraph shall be interpreted and applied in accordance with Article 14 of the Law of the Republic of Azerbaijan “on Mass Media” of 7 December 1999.

Law of the Republic of Azerbaijan “on Mass Media” of 7 December 1999
(Compilation of Legislation of the Republic of Azerbaijan
(« Azerbaycan Respublikasinin Qanuvericilik Toplusu »), 2000, n° 2, Article 82)

Article 14 :
… the establishment of mass media by legal persons and citizens of foreign states in the territory of the Republic of Azerbaijan shall be regulated by interstate treaties concluded by the Republic of Azerbaijan (“legal person of a foreign state” means a legal person of which the charter fund or more than 30% of the shares are owned by legal persons or citizens of foreign states, or a legal person of which 1/3 of founders are legal persons or citizens of foreign states).

Period covered: 15/04/2002 -
Articles concerned : 10


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